Ch. 533                                        1995 LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived without substantive
change from the first sentence of former Art. 40A, § 7-101.

The former phrase "the circuit court of the county having proper venue" has
been changed to "a circuit court with venue over the proceeding" for clarity.

Defined term: "Ethics Commission" § 15-102

15-902. JUDICIAL RELIEF AVAILABLE.

(A)     RELIEF GENERALLY.

THE COURT MAY COMPEL COMPLIANCE WITH THE COMMISSION'S ORDER:

(1)      BY ISSUING AN ORDER TO CEASE AND DESIST FROM THE
VIOLATION; OR

(2)      BY GRANTING OTHER INJUNCTIVE RELIEF.

(B)      SPECIAL RELIEF.

(1)      IN ADDITION, THE COURT MAY:

(I)       IMPOSE A FINE NOT EXCEEDING $5,000 FOR A VIOLATION OF
THIS TITLE, WITH EACH DAY THAT THE VIOLATION OCCURS BEING A SEPARATE
OFFENSE; OR

(II)     EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
VOID AN OFFICIAL ACT OF AN OFFICIAL OR EMPLOYEE IF:

1.        THE OFFICIAL OR EMPLOYEE HAD A CONFLICT OF
INTEREST THAT IS PROHIBITED BY THIS TITLE;

2.        THE ACT AROSE FROM OR CONCERNED THE SUBJECT
MATTER OF THE CONFLICT;

3.        THE PROCEEDING WAS BROUGHT WITHIN 90 DAYS AFTER
THE ACT OCCURRED; AND

4.        THE COURT DETERMINES THAT THE CONFLICT HAD AN
IMPACT ON THE ACT.

(2)      THE COURT MAY NOT VOID AN OFFICIAL ACT THAT:

(I)       APPROPRIATES PUBLIC FUNDS;

(II)     LEVIES A TAX; OR

(III)    PROVIDES FOR THE ISSUANCE OF A BOND, NOTE, OR OTHER
EVIDENCE OF PUBLIC OBLIGATION.

(C)     SCOPE OF RELIEF.

AFTER HEARING THE CASE, THE COURT MAY GRANT ALL OR PART OF THE
RELIEF SOUGHT.

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